Hon. Ralph A. Boniello III
Judicial Directory Information

Angelo A. DelSignore Civic Building
775 Third Street - Part II
Niagara Falls, NY 14302
Ph: (716) 278-1840
Fx: (716) 278-1827

MOTIONS:

CIVIL MOTIONS AND MATRIMONIAL MOTIONS WILL BE HEARD ON WEDNESDAYS AT 9:30 A.M. INFANT SETTLEMENTS WILL BE HEARD AT 2:00 P.M. IN THE JUDGE’S CHAMBERS. SPECIAL TERM MOTIONS ARE CALLED BY THE ORDER IN WHICH ATTORNEYS CHECK IN. KINDLY REPORT WITH THE COURT CLERK IMMEDIATELY UPON ARRIVAL. ARTICLE 81 PROCEEDINGS AND MENTAL HYGIENE HEARINGS WILL BE HELD ON WEDNESDAYS AT 2:00 P.M.

MOTIONS, CROSS-MOTIONS AND ORDERS TO SHOW CAUSE WILL NOT BE SCHEDULED UNTIL AND UNLESS CHAMBERS RECEIVES A PAID, STAMPED NOTE OF ISSUE SHOWING THE ORIGINAL WAS FILED WITH THE NIAGARA COUNTY CLERK.

Civil:
All moving papers, answering papers, reply affidavits, memoranda and paid Special Term Notes of Issue, are to be received in Chambers by 3:00 p.m. the Thursday before the return date, notwithstanding CPLR 2214(b), any papers submitted after 3:00 p.m. on Thursday may result in an adjournment, at the Court’s discretion. Affirmation of good faith required for discovery motions. Original papers with Affidavits of Service to be supplied to the Court. Oral argument required unless written consent by all attorneys to submit papers is received or the Court directs otherwise. TROs handled on a case-by-case basis. TROs must be on notice to other attorney if known or where a government entity is involved. Orders to Show Cause/TROs on a case assigned to another judge will be signed only upon prior written approval of IAS judge or his/her law clerk. Motions cannot be adjourned generally. The first adjournment can be obtained without Court permission, on consent of all counsel, by informing the court clerk at least twenty-four (24) hours prior to return date.

Matrimonial:
All moving papers, answering papers, reply affidavits, memoranda and paid Special Term Notes of Issue, are to be received in Chambers by 3:00 p.m. the Thursday before the return date, notwithstanding CPLR 2214(b), any papers submitted after 3:00 p.m. on Thursday may result in an adjournment, at the Court’s discretion.

However, initial motions in matrimonial actions may be returnable at the preliminary conference, rather than matrimonial special term. In such case, the papers must be received in Chambers at least seventy-two (72) hours prior to the return date. Original papers with Affidavits of Service to be supplied to the Court. Any request for financial relief will not be considered unless a 236(b) Financial Affidavit is attached to the motion. TROs rarely granted if not mutual; if granted a quick return date is required and only where assets are in jeopardy or in extreme circumstances, supported by objective evidence (police or medical report). TROs on notice to other attorney, if known. Orders to Show Cause/TROs on a case assigned to another judge will be signed only upon prior approval of IAS judge or his/her law clerk. Oral argument required unless written consent by all attorneys to submit papers is received or the Court directs otherwise. Motions cannot be adjourned generally. The first adjournment can be obtained without Court permission on consent of all counsel by informing the court clerk at least twenty-four (24) hours prior to return date.

Late Submissions:
All motion papers, including cross-motions, answering affidavits, and reply affidavits must be submitted to the Court within the time periods prescribed herein and the CPLR, unless the Court directs otherwise. Failure to comply with the filing deadline will result either an adjournment of the motion or refusal by the Court to consider the untimely submission.

Matrimonial Defaults:
On submission only except for Pro Se applications which may require a hearing to be determined by the Court.

ORDERS:

Must be submitted within thirty (30) days. There must be an indication that the order has been sent to all opposing counsel or pro se litigant and that no objection has been received. Orders will not be signed unless opposing counsel has had an opportunity to review for at least seven (7) days. However, if no objections are received after ten (10) days, the Order will be signed without further delay.

CONFERENCES:

Civil:
Preliminary conferences will be scheduled within 45 days of the filing of the RJI and are mandatory. At the conference, a scheduling order will be issued. Pretrial conferences will be scheduled upon completion of discovery. All conferences before IAS judge or designated Court attorney. Pleadings, including Summons, Complaint, Answer and Bill of Particulars, must be submitted seven (7) days prior to the preliminary conference. Adjournments will be granted only with consent of all attorneys and subject to Court approval.

Matrimonial:
Preliminary conferences are scheduled within 45 days of filing of the RJI and are mandatory. At the conference a scheduling order will be issued. Clients must be present. At least one (1) week prior to the preliminary conference, the Court must receive the following:

Plaintiff’s counsel will be asked to produce:

1. A letter stating what issues are resolved and unresolved;
2. A 236b financial affidavit;
3. A copy of the current year W-2;
4. A copy of the signed retainer agreement;
5. A copy of the date-stamped summons;
6. A copy of the affidavit of service.

Defendant’s counsel must produce:

1. A letter stating what issues are resolved and unresolved;
2. A 236b financial affidavit;
3. A copy of the current year W-2;
4. A copy of the signed retainer agreement.

Adjournments are granted by consent of the Judge’s secretary, but never beyond the 45 day requirement. No adjournments will be granted on the date of the scheduled conference, except for extreme emergency and by consent of the judge.

TRIALS AND REFERENCES:

Civil:
Adjournments granted by the Judge only. Pleadings, list of witnesses, proposed jury charge and verdict sheets and papers on motions in limine required one (1) week in advance. Deadline on expert disclosure, without good cause shown, are to be exchanged thirty (30) days before the commencement date of trial. Jury Selection begins at 9:30 a.m. on Tuesday, with trial to commence at 9:30 a.m. on Thursday. Charge conference with the Judge after proof completed with results put on record upon request.

Matrimonial:
Adjournment granted by the Judge only. References to law clerk to hear and report on divorces on stipulation for contested economic issues and post-divorce matters. References to JHOs to hear and determine or hear and report on any issue upon consent of both sides. Judgments must specifically recite the terms of custody, visitation, child support and maintenance. Complete transcript and original affidavit of appearance and adoption of oral stipulation must be submitted with judgment. Bifurcation when proof may be complex and it appears that testimony may be lengthy. The parties must file a statement of proposed disposition at least five (5) days prior to the hearing/trial.